Resolution CM/ResDH(2023)330

Execution of the judgments of the European Court of Human Rights

Seven cases against Romania

(Adopted by the Committee of Ministers on 31 October 2023 at the 1479 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

62868/09+

CADAR AND OTHERS

16/05/2019

16/05/2019

46468/12

LIŢĂ AND S.C. GEORGIANA IMPORT EXPORT S.R.L.

11/01/2018

11/01/2018

53158/14

JIPA

16/05/2019

16/05/2019

1159/08

BARBU

14/06/2016

14/06/2016

11646/06

BOGNÁR

12/10/2021

12/10/2021

22039/03

NISTOR AND OTHERS

20/10/2020

20/10/2020

48095/07

CIOATÄ‚ AND OTHERS

06/06/2019

06/06/2019

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of Article 6, paragraph 1, of the Convention established on account of the excessive length of civil and criminal proceedings;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)889 );

Noting that the domestic proceedings at issue have been terminated in all these cases and that the just satisfaction awarded has been paid, and considering therefore that no further individual measures are required in these cases;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the Vlad v. Romania (No. 40756/06) group of cases, also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the excessive length of judicial proceedings;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the excessive length of judicial proceedings in the group of cases Vlad v. Romania (No. 40756/06);

DECIDES to close the examination of these cases.